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Last Updated On 30-Jun-2021
Employment and Labour

TCS is showing me as Absconding even after serving 1.4 months Notice Period, what should I do?

Hello, I have submitted resignation letter/mail mentioning my last working day as I got better offer from another company. I served 43days notice period and also sent multiple reminder mail to approve my early release. But management and HR team are pointing each other for the approval. Now after 7days post my last working day HR is charging me for absconding case and also threatening me to show duel employment as I am joining new company. Please help me how to get proper release from TCS.

( Kolkata, West Bengal )

29-Jun-2021

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A.
Dear Sir,
It is one of the tactics mostly used by employers. You have two options one is to approach office of Labor Commissioner under Section 12 of ID Act and second option is to get issue a strong legal notice to your employer.

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Posted On 30-Jun-2021
Kishan Dutt Kalaskar
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Hi,
You can go directly to HR or write a legal notice citing the above reasons. In addition, declare that 43 days of the initial contract have been served. I need to read at your original employment contract to better comprehend your position.
Thank you very much.
Posted On 29-Jun-2021
Vidhikarya
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Hi,
You can approach HR on your own or can send a legal notice stating the above grounds. Furthermore, state that 43 days have been served as per the original contract. to understand your situation better I need to look into the original contract of employment.
Thank you.
Posted On 29-Jun-2021
Vidhikarya
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Dear client,

You can do few things -

1. Take photocopies of the emails you sent;
2. If they didn't reply with approval, ask them why they are withholding that;
3. If your notice period is more than 43 days, say 2 months, wait until the duration has been over;
4. Ultimately if they don't respond, that's not your fault, since non-compliance from one party to an agreement leads to termination of contract.

Hope this will help, please rate me should you have liked.

Regards and best wishes.
Posted On 29-Jun-2021
Vidhikarya
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A.If you have already served the notice period then it's wrong on part of TCS HR to show you as absconding and threaten you. If they do so, then you can send them a legal notice in case your career is getting harmed and they are not releasing your full and final settlement as well as your documents.
If need be you can take legal action on TCS


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Posted On 29-Jun-2021
Abhimanyu Shandilya Advocate Abhimanyu Shandilya
Abhimanyu Shandilya
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